A controversial Oklahoma immigration law was temporarily blocked by a federal judge Tuesday, marking the second time it has been stopped from taking effect in less than a year. This comes a week after civil rights groups filed a lawsuit to place a temporary restraining order on House Bill 4156.

What is HB 4156?

Signed into law in April of 2024, HB 4156 makes “impermissible occupation” a crime in Oklahoma. Under the law, undocumented immigrants found living in the state would be criminally charged with a misdemeanor. If found guilty, the individual would face up to a year in a county jail and/or up to a $500 fine. The individual would also be required to leave Oklahoma within 72 hours of being convicted or released from custody.

Additional violations of the law would carry felony charges. Convictions at this level would come with a sentence of up to two years in a state prison and/or a fine of up to $1,000. The 72-hour removal rule also applies here.

HB 4156 also allows law enforcement officials to collect identifying information (i.e., fingerprints; photographic and biometric data) from violators of HB 4156. This data would be maintained by the Oklahoma State Bureau of Investigation.

HB 4156 received major pushback since its inception, with critics arguing the law targets immigrants in Oklahoma unfairly and enables law enforcement to racially profile people. The Oklahoma Association of Chiefs of Police and metro law enforcement agency leaders also opposed the law, arguing that enforcing it would erode public trust in law enforcement.

See also: Protesters Criticize New, Strict Immigration Law At Okla. Capitol, Gov. Stitt Responds

HB 4156 in Court

Oklahoma City Federal Judge Bernard Jones first put the law on pause on June 28, 2024 – three days before it was initially set to take effect – after the Biden administration sued the state to block it. Governor Kevin Stitt, Oklahoma Attorney General Gentner Drummond, and Oklahoma Department of Public Safety Commissioner Tim Tipton were named as defendants. In the lawsuit, the U.S. Department of Justice argued federal preemption of HB 4156, meaning control of immigration is exclusively a federal power, and HB 4156 violates the U.S. Constitution. Jones agreed and granted a preliminary injunction, ruling “Oklahoma “may have understandable frustrations with the problems caused by illegal immigration …, but the State may not pursue policies that undermine federal law.””

The State of Oklahoma filed an appeal in the case on July 17, 2024, asking the U.S. Court of Appeals for the Tenth Circuit to reconsider the ruling. However, before the appellate court could hear the case, the Trump administration dismissed Biden’s legal challenge on March 14, 2025, reversing the block.

The case was refiled in federal court last week by two anonymous undocumented immigrants living in Oklahoma, as well as two Oklahoma-based advocacy groups, Padres Unidos de Tulsa and the League of United Latin American Citizens, Oklahoma City. Drummond and Tipton were once again named as defendants in the suit, alongside Oklahoma County District Attorney Vicki Behenna and Tulsa County District Attorney Steve Kunzweiler.

Similarly, the plaintiffs requested a temporary restraining order to stop HB 4156 from being enforced on the grounds that it undermines the federal government’s exclusive power to regulate immigration and is unconstitutional. Jones agreed the law “must fail” Tuesday, stating in his decision, “…Defendants’ frustrations are not lost on the Court. But those concerns, however pressing, cannot override the constitutional design.” The temporary restraining order is set to expire June 3 but can be extended, dissolved, or modified.

The American Civil Liberties Union of Oklahoma represented the plaintiffs in the lawsuit. In response to this ruling, Tamya Cox-Touré, ACLU of Oklahoma’s executive director,r said, “People who are immigrants are part of our families, communities, workplaces, and places of worship. Like many of our families, they join the long American tradition of coming here in search of a better life and freedom. HB 4156 is one of the most extreme anti-immigrant bills ever to be passed by any state. Our local law enforcement lacks the expertise and the constitutional authority to interpret and enforce immigration law, putting all community members at risk, citizen or not. We will continue to fight for the rights and dignity of immigrants and their families.”

Meanwhile, Drummond, who has championed for HB 4156 since lawmakers first crafted the bill, calling the recent ruling “outrageous,” adding “This commonsense measure – necessary after the ineptitude of the Biden-Harris Administration to secure the nation’s border – is critical in our efforts to shut down illegal marijuana grows, fentanyl distribution and other illegal activities. Once the Trump Administration withdrew the previous administration’s objection to the law, law enforcement in our state was able to breathe a sigh of relief that Oklahoma finally would have the agency to protect the public. It is bewildering that this law again hangs in the balance while nameless lawbreakers are allowed to halt enforcement of HB 4156.”

Recap: Timeline of HB 4156’s Existence

April 30, 2024: Governor Stitt signs HB 4156 into law. It is set to take effect July 1.

May 21, 2024: The Biden administration files a federal lawsuit challenging HB 4156, arguing the ability to regulate immigration is exclusive to the federal government. The complaint claims immigration is an exclusive federal power, and HB 4156 is unconstitutional.

June 28, 2024: A federal judge grants the Biden administration’s preliminary injunction, ruling Oklahoma cannot enforce HB 4156 “pending further proceedings.”

July 17, 2024: State of Oklahoma files an appeal in the case, asking for the U.S. Court of Appeals for the Tenth Circuit to reconsider the June ruling.

March 14, 2025: The U.S. Department of Justice under the Trump administration voluntarily dismisses the legal challenge filed by the Biden administration.

May 13, 2025: Civil rights groups file federal lawsuit, requesting a temporary restraining order be put on HB 4156.

May 20, 2025: Federal judge grants temporary restraining order, which is currently set to expire June 3.

You can read the latest court decision here:

Read more: Judge temporarily blocks Oklahoma law targeting undocumented immigrants